Legal Consequences of Breach of Contract(ÖHDR-337)
| Course Code | Course Name | Semester | Theory | Practice | Lab | Credit | ECTS |
|---|---|---|---|---|---|---|---|
| ÖHDR-337 | Legal Consequences of Breach of Contract | 2 | 3 | 0 | 0 | 3 | 7 |
| Prerequisites | |
| Admission Requirements |
| Language of Instruction | Turkish |
| Course Type | Elective |
| Course Level | Doctoral Degree |
| Course Instructor(s) | Mehmet ERDEM mehmeterdemus@yahoo.com (Email) |
| Assistant | |
| Objective | Analysis of violation of the obligation and its consequences |
| Content | As shown under the subject headings (topics) |
| Course Learning Outcomes | Students will gain detailed knowledge about violation of the obligation and its consequences |
| Teaching and Learning Methods | Ex-cathedra and presentation |
| References |
Kemal Oğuzman, Turgut Öz, Borçlar Hukuku Genel Hükümler, İstanbul 2018. Fikret Eren, Borçlar Hukuku, Genel Hükümler, İstanbul 2018. Pierre Tercier, Pascal Pichonnaz, Murat Develioğlu, Borçlar Hukuku Genel Hükümler, İstanbul, 2016. Pierre Tercier, Pascal Pichonnaz, Droit des obligations, Zürich, 2012. S. Sulhi Tekinay, Haluk Burcuoğlu, Sermet Akman, Atilla Altop, Borçlar Hukuku, Genel Hükümler, İstanbul 1993. Haluk Nomer, Borçlar Hukuku Genel Hükümler, İstanbul, 2019. Necip Kocayusufpaşaoğlu, Borçlar Hukuku Genel Hükümler Cilt I, Filiz Kitabevi, 2017. Pierre Engel, Traité des obligations en droit suisse, 2ème édition, 1997. Commentaire Romand Code des obligation art. 1-529, 2ème édition, Bâle, 2012. |
Theory Topics
| Week | Weekly Contents |
|---|---|
| 1 | The Notion of Violation of the Obligation |
| 2 | The Default of the Creditor |
| 3 | Impossibility of Performance Arising on the Creditor's Side |
| 4 | Impossibility of the Obligation and Types of Impossibility |
| 5 | Impossibility of the Object of the Obligation |
| 6 | Impossibility Subsequent Non-Attributable to the Debtor |
| 7 | Impossibility Subsequent Attributable to the Debtor |
| 8 | Bad Performance |
| 9 | Default of the Debtor |
| 10 | Particularities of Default of the Debtor in Synallagmatic Contracts |
| 11 | Liability for Violation of Precontractual Conduct Burden and for Breach of Trust |
| 12 | Collapse of Foundation of Contract |
| 13 | Non-Liability Clause |
| 14 | Liability for the Acts of the Performance Assistant |
Practice Topics
| Week | Weekly Contents |
|---|
Contribution to Overall Grade
| Number | Contribution | |
|---|---|---|
| Contribution of in-term studies to overall grade | 1 | 40 |
| Contribution of final exam to overall grade | 1 | 60 |
| Toplam | 2 | 100 |
In-Term Studies
| Number | Contribution | |
|---|---|---|
| Assignments | 0 | 0 |
| Presentation | 1 | 40 |
| Midterm Examinations (including preparation) | 0 | 0 |
| Project | 0 | 0 |
| Laboratory | 0 | 0 |
| Other Applications | 0 | 0 |
| Quiz | 0 | 0 |
| Term Paper/ Project | 0 | 0 |
| Portfolio Study | 0 | 0 |
| Reports | 0 | 0 |
| Learning Diary | 0 | 0 |
| Thesis/ Project | 0 | 0 |
| Seminar | 0 | 0 |
| Other | 0 | 0 |
| Toplam | 1 | 40 |
| No | Program Learning Outcomes | Contribution | ||||
|---|---|---|---|---|---|---|
| 1 | 2 | 3 | 4 | 5 | ||
| 1 | Recognizing positive norms in private law and being able to define and explain the principals of methodology, | X | ||||
| 2 | Being able to determine, identify and restate legal problems, | X | ||||
| 3 | Being able to use legal interpretation principals in an efficient manner in order to analyze and resolve a legal problem and in order to develop a strategy, | X | ||||
| 4 | Being able to conduct academic researches on legal problems and to propose solutions, | X | ||||
| 5 | Assuming responsibility individually or collectively for resolving complicated legal problems, | X | ||||
| 6 | Being able to criticise positive norms of the law system, | X | ||||
| 7 | Being able to explain technical legal knowledge in private law in Turkish, French and English verbally or in writing, being able to report personal opinion concerning a legal problem verbally or in writing in a persuasive manner, | X | ||||
| 8 | Being able to follow up the local and international legal literature, to update technical legal knowledge permanently, to use information technology in an efficient manner in order to achieve these goals, | X | ||||
| 9 | Being able to conduct comparative academic researches between different law systems, | X | ||||
| 10 | Being able to explain and utilize academic study methodologies in order to conduct academic research on a certain legal problem. | X | ||||
| Activities | Number | Period | Total Workload |
|---|---|---|---|
| Class Hours | 14 | 2 | 28 |
| Working Hours out of Class | 14 | 8 | 112 |
| Presentation | 1 | 2 | 2 |
| Final Examinations (including preparation) | 1 | 20 | 20 |
| Total Workload | 162 | ||
| Total Workload / 25 | 6,48 | ||
| Credits ECTS | 6 | ||